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UNITED STATES of America, Plaintiff-Appellee, v. Guadencio CAYETANO-CAMACHO, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-03-04No. No. 09-50053
369 F. App'x 822

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Opinion

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MEMORANDUM

Guadencio Cayetano-Camacho appeals from the 51-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

Cayetano-Camacho contends the district court erred by applying a “crime of violence” sentencing enhancement, pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii), because his prior conviction for lewd and lascivious acts on a minor under 14, in violation of California Penal Code § 288(a), does not constitute sexual abuse of a minor. This contention is foreclosed by United States v. Medina-Villa, 567 F.3d 507, 509 (9th Cir.2009).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.